A SUBSTITUTE ORDINANCE AMENDING SECTIONS 10.20.287 AND 10.20.230 OF THE METROPOLITAN CODE OF LAWS AND ESTABLISHING A SOLID WASTE DISPOSAL FEE.

WHEREAS, Tennessee Code Annotated § 68-211-835 authorizes the imposition of a solid waste disposal fee by any local government upon municipal solid waste; and,

WHEREAS

, Tennessee Code Annotated § 7-54-103 authorizes any municipality to establish, levy, and collect for rates or charges in connection with the collection, delivery, sale, purchase, and disposal of solid waste at a energy production facility, a landfill, or otherwise; and,

WHEREAS

, it is in the best interest of the Metropolitan Government to revise those fees currently established by §§ 10.20.287 and 10.20.330 of the Metropolitan Code of Laws.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1:
That Section 10.20.287 of the Metropolitan Code of Laws is deleted in its entirety and the following is substituted in lieu thereof:

(A)
Effective May 1, 1998, any person enjoying the privilege of providing temporary or permanent disposal of solid waste generated or collected within the boundaries of the metropolitan government at a site or facility located within the boundaries of the metropolitan government or enjoying the privilege of collecting solid waste within the boundaries of the metropolitan government and disposed of outside the boundaries of the metropolitan government, shall pay to the metropolitan government a fee of $2.00 per cubic yard or $8.00 per ton of solid waste accepted into the site or facility or collected within the boundaries of the metropolitan government and disposed of outside said boundaries. The director of public works shall be authorized to promulgate rules and regulations for the operation of any such temporary or permanent disposal site or facility, and for the collection and documentation of fees pursuant hereto. Fees charged pursuant to this section shall be imposed on solid waste disposed of at the Nashville Thermal Transfer Plant or at any sanitary landfill or other disposal site owned or operated by the metropolitan government, in addition to the tip fee set out at Metropolitan Code of Laws § 10.20.200.

(B)
Any person enjoying the privilege of providing permanent disposal of construction/demolition waste or residue or land clearing waste or residue generated within the boundaries of the metropolitan government shall, if and only if such disposal site is a Class III or Class IV disposal facility as defined by the State of Tennessee, Department of Environment and Conservation, pay to the Metropolitan Government a fee of one dollar per cubic yard of waste transport vehicle capacity accepted at the site. The director of public works shall be authorized to promulgate rules and regulations for the collection and distribution of such fees, and as necessary to carry out the implementation, supervision and enforcement of such fees.

(C)
Fees imposed by this section shall not be imposed upon waste which is subject to the fees established at M.C.L. § 10.20.210.

SECTION 2:
Section 10.20.330 (A) of the Metropolitan Code of Laws is repealed.

SECTION 3:
Should any provision of this Ordinance be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this Ordinance.

SECTION 4: This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leo Waters

AMENDMENT NO. 1

TO

SUBSTITUTE BILL NO. SO98-1109

Mr. President:

I move to amend Substitute Ordinance No. SO98-1109 as follows:

Section 1 of Substitute Ordinance No. SO98-1109 is amended by deleting the following language in proposed subsection (A) of Section 10.20.287:

"a fee of $2.00 per cubic yard or $8.00 per ton of solid waste"

after the language "shall pay to the Metropolitan Government" and before the language "accepted into the site of facility or collected within the boundaries of the Metropolitan Government"; and substituting the following language in lieu thereof: